Knight v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. 1. The stipulation between the city and appellant as to the location of appellant’s machine shops is a condition subsequent, of which no one can avail himself except the city. Holden v. Joy, 17 Wall. 250; Kennett v. Plummer, 28 Mo. 145; Cooper v. Roberts, 18 How. 181; 4 Kent’s Com., 127 to 130 (7 Ed.) 2. The ordinance was signed by the mayor.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. 1. The stipulation between the city and appellant as to the location of appellant’s machine shops is a condition subsequent, of which no one can avail himself except the city. Holden v. Joy, 17 Wall. 250; Kennett v. Plummer, 28 Mo. 145; Cooper v. Roberts, 18 How. 181; 4 Kent’s Com., 127 to 130 (7 Ed.) 2. The ordinance was signed by the mayor. This is shown by its being recorded in the book of ordinances; by its having been printed in the official paper; by the acceptance of appellant filed in the city register’s office; by…
1Opinion of the Court
Henry, J. —
This was a suit for damages for an alleged unlawful entry by defendant upon Fifth street in the city' of St. Joseph, and digging up and obstructing said street in front of plaintiff’s premises, and constructing railroad tracks thereon, by means of which the street was obstructed and travel thereon impeded, and access to plaintiff’s said premises destroyed. The petition also asked for an injunction. The defense relied upon was, that by an ordinance of the city council the defendant was granted a right of way over said street, and authorized to construct its said road along and upon…
2Cases cited4 opinions
- Holden v. JoySupreme Court of the United States · 1872
- Hedrick v. HughesSupreme Court of the United States · 1872
- State v. MillerSupreme Court of Missouri · 1872
- Murray v. FarthingSupreme Court of Missouri · 1840
3Cited by11 opinions
- East Georgia Land & Development Co. v. BakerSupreme Court of Georgia · 2010
- Ellis v. KygerSupreme Court of Missouri · 1886
- Sheehan v. OwenSupreme Court of Missouri · 1884
- Town of Montevallo v. Village School DistrictSupreme Court of Missouri · 1916
- Hovelman v. Kansas City Horse RailroadSupreme Court of Missouri · 1883
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